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"the prisoner, being in prison in consequence of "such demand as a person 'liable to be surrendered' "is illegally detained in custody and is entitled to "his remedy by way of Habeas Corpus."
and we would further point out that it was because of the line of argument taken by the prisoner's Counsel (under the treaty
made between the Government of Great Britain and the Belgian Government) that the remarks quoted by the Chief Justice as
having been made by Lord Chief Justice Russell, were made, as inthe course of his judgment Lord Chief Justice Russell (af- ter referring to the alterations made in the original treaty)
said see the concluding portion of page 234 and the opening
portion of page 235 of the report: -
"Accordingly in 1887 the treaty was designedly alter
"ed, the excepted words that is to say, the ex-
"ception which excluded native-born and naturalised
"subject of the Queen altogether from extradition
"under the Statute and the then existing treaty
"were altered thus; the words I have mentioned were
"excluded and the following substituted: -
#
'In no
#
#
#
case nor on any consideration whatever
'shall the high contracting parties be bound to
'surrender their own subjects whether by birth
'or by naturalisation'
"What does that mean; it surely means that, while
"they are not bound, they may under the treaty and
#
M
any legal enactment which relates to the treaty
make such extradition. "
and again (commencing on the third line on page 236 of the report in question) Lord Chief Russell remarked:-
"It seemed to me that that (the procedure under the "treaty) le as clear and distinct an assent on the "part of the representative of the Executive Govern
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